The signing of a commitment to respect the principles of the Republic is now mandatory to apply for a residence card
One aspect of the important reform of French immigration law that was adopted in January this year, is the new obligation for all applicants for a French residence card to sign a commitment to respect the principles of the Republic (engagement à respecter les principes de la République). The latter came into effect for all applications sent in after July 17.
Programs designed to promote the integration of foreigners living in France already existed prior to this reform. This mainly consisted in the signing of a contrat d’intégration républicaine (contract for integration in the Republic or CIR) after the issuance of a residence card or a long-stay visa, that entailed several aspects including the obligation to follow French language courses, and formations on French institutions and republican principles and values.
Failure to comply with this contract could have consequences, for example by preventing access to longer residence permits, but it could not end up in someone’s residence card being withdrawn or not renewed, jeopardizing their stay in France.
Not only did this year’s reform enhance the content of integration programs (for example by implementing a test on civic principles), but it also turned integration into a critical issue for foreigners, for whom it is now mandatory to comply with the CIR under threat of becoming illegal.
Otherwise, the reform also requires all foreigners living in France to sign a commitment to respect the principles of the Republic (engagement à respecter les principes de la République) each time they apply for a residence card, regardless of the time spent in France, or the fact that they have already signed the same commitment in the past.
The only persons that are exempted are:
- EU citizens
- Owners of a non renewable long-stay visa (visa de long séjour temporaire)
- Beneficiaries of the Working-Holiday program
- Participants in a European voluntary service
- Beneficiaries of temporary protection (mainly Ukrainians)
- Algerian nationals
The aforementioned commitment mostly refers in its content to Human rights and liberties, but also particularly insists on the French vision of secularism (laïcité).
In the first part: « I undertake to respect personal freedom, freedom of expression and conscience, equality between men and women, the dignity of the Human being, the motto and symbols of the Republic within the meaning of Article 2 of the Constitution, territorial integrity as defined by national borders, and not to use my beliefs or convictions as an excuse to disregard the common rules governing relations between public services and private individuals.«
In cases where a foreigner is seen as having violated one or several provisions of this declaration, their residence card can be withdrawn, or its renewal can be denied, putting the concerned person in a precarious position that can lead to their departure from France.
By many ways, this new regulation reflects the stereotype of the « perfect » foreigner and puts all legal immigrants in a situation where they have to adopt a more exemplary behaviour than many French nationals, while the stakes are of course much higher for them.
It is now up to the administrations and Courts to implement the aforementioned reform with wisdom and fairness.